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Former Alabama Chief Justice Roy Moore.

Former Alabama Chief Justice Roy Moore.

Judge Roy Moore and incumbent Republican Sen. Luther Strange will advance to the runoff on September 26 for the U.S. Senate in Alabama. With nearly all of the precincts reporting, Judge Moore received 38.9% of the vote, or 162,570 total votes, while Sen. Strange earned 32.8%, or 136,910 total votes.

Let’s get right to the point.

Judge Moore broke his so-called ceiling and Sen. Strange is in big trouble. With President Donald Trump’s endorsement, the power of the incumbency and Majority Leader Mitch McConnell, R-Kty., the appointed senator couldn’t even muster the support of a third of Republican primary voters in Alabama.

Judging by President Trump’s post-primary tweet, he learned Tuesday night what Barack Obama never did learn: Just because voters support you, doesn’t mean they’ll vote for an Establishment candidate they don’t like and don’t trust just because you told them to.

Private polling data conducted by PPD late last week indicated that nearly two-thirds of voters who planned to back Rep. Brooks would vote for Judge Moore against Sen. Strange in the runoff. Given we underestimated Judge Moore by several points, it is entirely possible some of those voters already made that strategic voting decision.

Still, an analysis of the results county-by-county, giving Judge Moore roughly half of the support that backed Rep. Brooks, finds there are 24 additional counties in which Judge Moore could carry the majority in the two-way matchup, including several larger counties.

Let’s take a look at the three-way margins, considering the constant for the margin is Moore to Strange to Brooks.

St. Clair went 44% to 36% to 14%, while Elmore went 48% to 21% to 17%, making both counties within range of a majority for Judge Moore given the statewide polling data. The same is true for Coosa (49% to 32% to 11%) and Cullman (48% to 31% to 15%).

There are also counties in which Judge Moore earned majority support and where he will likely increase that margin in a two-way race. Henry County is one of them, which went 53% to 25% to 13%.

Madison is a big county and a strong base of support for Rep. Brooks. This is one of the big ones to watch. It went for Rep. Brooks by 50% to only 19% for Judge Moore, while 27% backed Sen. Strange. While it may appear that those are vote-rich targets for the judge, we believe Madison County presents an opportunity for Sen. Strange to gain some ground.

Jefferson County, which is the largest and went 27% to 44% to 21%, also is more favorable territory for Sen. Strange.

Tuscaloosa, which went 40% to 36% to 15% for Judge Moore, is another question mark we see leaning toward the frontrunner. Calhoun is another rich target for Judge Moore, who earned 41% to 39% for Sen. Strange. But another 19% who backed Rep. Brooks are demographically more inclined to back the former judge.

The eventual winner will go on to face Democrat Doug Jones, the Establishment favorite who beat Robert Kennedy, Jr. While there has been some chatter, mainly from a liberal media hoping Judge Moore is too conservative for Alabama, we find that assertion ludicrous. This race is rated Safe Republican on the PPD Senate Election Projection Model.

Counties to Watch: Moore vs. Strange vs. Brooks

Coosa: 49% to 32% to 11%

Cullman: 48% to 31% to 15%

Elmore: 48% to 21% to 17%

Limestone: 30% to 26% to 41%

Jackson: 43% to 34% to 19%

Lauderdale: 43% to 31% to 21%

Lee: 37% to 33% to 23%

Madison: 19% to 27% to 50%

Mobile: 36% to 33% to 15%

Morgan: 37% to 25% to 35%

Montgomery: 34% to 31% to 20%

Jefferson: 27% to 44% to 21%

Tuscaloosa: 40% to 36% to 14%

Walker: 47% to 35% to 11%

Data suggests Judge Roy Moore could carry

A completed house (rear) is seen behind the earthworks of a home currently under construction at the Mid-Atlantic Builder's 'The Villages of Savannah' development site in Brandywine, Maryland May 31, 2013. (Photo: Reuters)

A completed house (rear) is seen behind the earthworks of a home currently under construction at the Mid-Atlantic Builder’s ‘The Villages of Savannah’ development site in Brandywine, Maryland May 31, 2013. (Photo: Reuters)

The U.S. Census Bureau said Wednesday in the New Residential Construction report that housing starts and building permits cooled in July.

Housing starts in the U.S. were at were at a seasonally adjusted annual rate of 1,155,000, missing the 1,225,000 forecast. They are 4.8% (±10.2%) below the revised June estimate of 1,213,000 and 5.6% (±8.5%) below the July 2016 rate of 1,223,000.

Building permits in the U.S. were at a seasonally adjusted annual rate of 1,223,000, 4.1% (±0.9%) below the revised June rate of 1,275,000. They are still 4.1% (±1.8%) above the July 2016 rate of 1,175,000.

Single-family authorizations in July were at a rate of 811,000; this is unchanged from the revised June figure of 811,000. Authorizations of units in buildings with five units or more were at a rate of 377,000 in July.

Privately-owned housing completions came in at a seasonally adjusted annual rate of 1,175,000, 6.2% (±14.3%) below the revised June estimate of 1,252,000. However, they are 8.2% (±12.6 percent) higher than the July 2016 rate of 1,086,000.

The U.S. Census Bureau said Wednesday in

A view of a house for sale is seen in Los Angeles on February 24, 2010. (Photo: Reuters)

A view of a house for sale is seen in Los Angeles on February 24, 2010. (Photo: Reuters)

The Mortgage Bankers Association (MBA) said Wednesday their Weekly Mortgage Applications Survey increased slightly by 0.1%. The Refinance Index gained 2% from the previous week, while the seasonally adjusted Purchase Index slid slightly by 2% from one week earlier.

The Mortgage Bankers Association (MBA) said Wednesday

Protesters celebrate after toppling a statue of a Confederate monument in Durham, N.C. Monday, Aug. 14, 2017. (Photos: AP)

Protesters celebrate after toppling a statue of a Confederate monument in Durham, N.C. Monday, Aug. 14, 2017. (Photos: AP)

A woman involved in toppling a Confederate monument in Durham, North Carolina has been arrested and now faces multiple felony charges. Durham County Sheriff Mike Andrews said earlier Tuesday investigators were working to identify and charge those responsible.

Takiya Thompson, 22, has been charged with disorderly conduct by injury to a statue, damage to real property, participation in a riot with property damage in excess of $1,500, and inciting others to riot where there is property damage in excess of $1,500. According to the Durham County Sheriff’s Office, the latter two charges are Class H and Class F felonies.

Ms. Thompson is a member of the radical far-left Workers World Party and a student at N.C. Central University. She was taken into custody Tuesday shortly after she appeared at a press conference with other protesters.

“The people decided to take matters into our own hands and remove the statue,” Thompson told reporters. “We are tired of waiting on politicians who could have voted to remove the white supremacist statues years ago, but they failed to act. So we acted.”

Police say Ms. Thompson confessed after being identified through cellphone video, which the police have been analyzing. She is seen on the video tying a rope around the statue’s neck and helping the crowd pull it down, while cops stood by and did nothing.

“The Sheriff’s Office is executing search warrants and additional arrests are expected,” officials said in a press release.

“No one is getting away with this,” Sheriff Andrews said.

The Sheriff previously said his officers “showed great restraint” and decided safety was the number one concern during the crime.

“As the Sheriff, I am not blind to the offensive conduct of some demonstrators nor will I ignore their criminal conduct,” he added. “With the help of video captured at the scene, my investigators are working to identify those responsible for the removal and vandalism of the statue.”

A woman involved in toppling a Confederate monument

From left to Right. Rep. Mo Brooks, Judge Roy Moore and Sen. Luther Strange.

From left to Right. Rep. Mo Brooks, Judge Roy Moore and Sen. Luther Strange.

Judge Roy Moore and incumbent Republican Sen. Luther Strange will advance to the runoff on September 26 for the U.S. Senate in Alabama. With nearly half of precincts reporting, Judge Moore earned 41% of the vote to 31% for Sen. Strange.

Rep. Mo Brooks ran in third with roughly 20%.

Sen. Strange received the endorsement of President Donald Trump, which gave him the edge over Rep. Brooks, and had $10 million behind him to saturate the airwaves.

On the Democratic side, Establishment favorite Doug Jones beat Robert Kennedy, Jr., who started with big name recognition. Mr. Jones received the endorsements of Congresswoman Terri Sewell, Congressmen John Lewis and Tim Ryan, as well as former Vice President Joe Biden.

Worth noting, Mr. Kennedy was polling at around 50%.

This race is rated Safe Republican on the PPD Senate Election Projection Model.

Judge Roy Moore and incumbent Republican Sen.

The U.S. Supreme Court stands in Washington, D.C., on May 18, 2015. (Photo: Reuters)

The U.S. Supreme Court stands in Washington, D.C., on May 18, 2015. (Photo: Reuters)

Big technology companies filed a brief late Monday night asking the U.S. Supreme Court (SCOTUS) to protect people’s cell phone location data. The friend-of-the-court brief was submitted in the case of Carpenter v. United States, which will be argued in the fall.

The technology companies include Apple, Facebook, Google, Twitter, Verizon, Microsoft, Airbnb, Cisco Systems, Dropbox, Evernote, Mozilla, Nest Labs, Oath and Snap. The American Civil Liberties Union (ACLU) is representing Timothy Carpenter, a man who had months’ worth of cell phone location information handed over to police without a warrant.

In 2011, the government obtained from cell companies months’ worth of phone location records for suspects in a robbery investigation in Detroit, without getting a probable cause warrant. In the case of Mr. Carpenter, those records spanned 127 days and revealed 12,898 separate points of location data.

That’s an average of over 100 location points per day.

The ACLU is joined by 20 media organizations warning of a chilling effect resulting from easy law enforcement access to the location information of reporters and their sources. They are also joined by groups from every end of the political spectrum, including the Center for Competitive Politics, Center for Media Justice, Color of Change, Americans for Prosperity Foundation and Tea Party Patriots.

“The number and variety of organizations and experts filing represent the widespread recognition that your cell phone’s location history is your own business, and the government needs to have a good reason to get its hands on it,” said ACLU attorney Nathan Freed Wessler. “In particular, the tech firms are sending a very clear message that the law needs to catch up with the technology that is now an integral part of our everyday lives.”

Mr. Carpenter was convicted at trial and appealed to the Sixth Circuit Court of Appeals, which ruled 2 to 1 that no warrant was required under the Fourth Amendment. As the ACLU notes, local, state and federal law enforcement officials request cell phone location records from phone companies tens of thousands of times each year.

Briefs were also filed by the Cato Institute, Gun Owners Foundation, Competitive Enterprise Institute, Reason Foundation, Institute for Justice, DKT Liberty Project, Constitutional Accountability Center, Data & Society Research Institute, Electronic Frontier Foundation, Constitution Project, Brennan Center for Justice, National Association of Criminal Defense Lawyers, National Association of Federal Defenders, Center for Democracy & Technology, Committee for Justice, Rutherford Institute, Restore the Fourth, United States Justice Foundation, Gun Owners of America, Inc., Citizens United, Citizens United Foundation, Downsize DC Foundation, DownsizeDC.org, Conservative Legal Defense and Education Fund, The Heller Foundation, and Policy Analysis Center, as well as law professors, legal scholars, technologists, and others

Big technology companies filed a brief late Monday night

Workers assemble built-in appliances at the Whirlpool manufacturing plant in Cleveland, Tennessee August 21, 2013. (Photo: Reuters)

Workers assemble built-in appliances at the Whirlpool manufacturing plant in Cleveland, Tennessee August 21, 2013. (Photo: Reuters)

The Atlanta Federal Reserve has revised its GDPNow Forecast amid strong economic data to 3.7% for the third quarter (3Q), up from 3.5% on August 9. The forecast for personal consumption expenditures increased from 1.91% to 1.97% after the U.S. Census Bureau report on U.S. retail sales.

U.S. retail sales not only bounced back in July, increasing by 0.6 and doubling the median economic forecast calling for 0.3, but there were also sizable upward revisions to the prior months. June retail sales were revised 0.5% higher, moving the overall to 0.3% from an initial reported -0.2%. In May, it moved to unchanged juxtaposed to the -0.1% initial reading.

While most readings of consumer spending were gaining steam, retail sales were weak until now. Consumer spending is now positive and in line with full employment. The previous months’ revisions will have a significant impact on final estimates for second-quarter (2Q) GDP, while July, as the GDPNow Forecast shows, will have a positive impact on 3Q GDP.

GDPNow Forecast

The Commerce Department initially estimated the U.S. economy grew at a healthy 2.6% annualized pace in the 2Q 2017, matching the GDP forecast. The rate of growth was more than double the 1.2% GDP rate posted in the first quarter.

The  Census Bureau also said Tuesday business inventories for manufacturing and trade were $1,869.3 billion, up 0.5% (±0.1%) from May 2017. That also topped the median economic forecast and the higher-than-expected headline is likely to further boost 2Q GDP.

Manufacturers’ and trade inventories, adjusted for seasonal variations but not for price changes, are 2.8% (±0.2%) higher than levels in June 2016.

The Atlanta Federal Reserve has revised its

Photo: Courtesy of U.S. National Park Service.

Photo: Courtesy of U.S. National Park Service.

WASHINGTON (D.C.) – The U.S. National Park Service is working to remove red graffiti from the Lincoln Memorial after one of the columns was spray painted with “F— Law.”

It was discovered at 4:30 a.m. Tuesday.

An NPS monument preservation crew is apparently using a mild, gel-type paint stripper to safely remove the paint. After the gel is applied on the paint, it sits for an hour and then is rinsed with clean water. The crew may have to use several applications, but treatments will be applied as necessary until all of the graffiti is removed.

Another act of vandalism in silver spray paint was discovered on a Smithsonian wayfinding sign in the 1400 block of Constitution Avenue, the National Park Service said.

The vandalism comes a day after a Confederate monument was toppled in Durham, North Carolina. Police are identifying and charging the vandals, or “protestors” as Big Media refers to them.

A Confederate monument in Baltimore also was vandalized on Monday, the Baltimore Sun reported. Someone poured red paint on a 114-year-old statue of a dying Confederate soldier embraced by a winged figure of Glory.

The United States Park Police is investigating the incident; anyone with information is asked to contact them at 202-610-7515.

The U.S. National Park Service is working

Paul Ryan takes questions about the Senate health care bill during his weekly press conference on Capitol Hill in Washington, U.S., July 13, 2017. (Photo: Reuters)

Paul Ryan takes questions about the Senate health care bill during his weekly press conference on Capitol Hill in Washington, U.S., July 13, 2017. (Photo: Reuters)

To be blunt, Republicans are heading in the wrong direction on fiscal policy. They have full control of the executive and legislative branches, but instead of using their power to promote Reaganomics, it looks like we’re getting a reincarnation of the big-government Bush years.

As Yogi Berra might have said, “it’s deja vu all over again.”

Let’s look at the evidence. According to the Hill, the Keynesian virus has infected GOP thinking on tax cuts.

Republicans are debating whether parts of their tax-reform package should be retroactive in order to boost the economy by quickly putting more money in people’s wallets.

That is nonsense. Just as giving people a check and calling it “stimulus” didn’t help the economy under Barack Obama, giving people a check and calling it a tax cut won’t help the economy under Trump.

Tax cuts boost growth when they reduce the marginal tax rate on productive behavior such as work, saving, investment, or entrepreneurship. When that happens, people have an incentive to generate more income. And that leads to more national income, a.k.a., economic growth.

Borrowing money from the economy’s left pocket and then stuffing checks (oops, I mean retroactive tax cuts) in the economy’s right pocket, by contrast, simply reallocates national income.

Indeed, this is one of the reasons why the economy didn’t get much benefit from the 2001 Bush tax cut, especially when compared to the growth-oriented 2003 tax cut. Unfortunately, Republicans haven’t learned that lesson.

Republicans have taken steps in the past to ensure that taxpayers directly felt the benefits of tax cuts. As part of the 2001 tax cuts enacted by President George W. Bush, taxpayers received rebate checks.

The article does include some analysis from people who understand that retroactive tax cuts aren’t economically beneficial.

…there are also drawbacks to making tax changes retroactive. …such changes would add to the cost of the bill, but would not be an effective way to encourage new spending and investments. “It has all of the costs of the tax cuts but none of the economic benefits,” said Committee for a Responsible Federal Budget President Maya MacGuineas, who added that “you don’t make investments in the rear-view mirror.”

I’m not always on the same side as Maya, but she’s right on this issue. You can’t encourage people to generate more income in the past. If you want more growth, you have to reduce marginal tax rates on future activity.

By the way, I’m not arguing that there is no political benefit to retroactive tax cuts. If Republicans simply stated that they were going to send rebate checks to curry favor with voters, I’d roll my eyes and shrug my shoulders.

But when they make Keynesian arguments to justify such a policy, I can’t help but get upset about the economic illiteracy.

Speaking of bad economic policy, GOPers also are pursuing bad spending policy.

Politico has a report on a potential budget deal where everyone wins…except taxpayers.

The White House is pushing a deal on Capitol Hill to head off a government shutdown that would lift strict spending caps long opposed by Democrats in exchange for money for President Donald Trump’s border wall with Mexico, multiple sources said.

So much for Trump’s promise to get tough on the budget, even if it meant a shutdown.

Instead, the back-room negotiations are leading to more spending for all interest groups.

Marc Short, the White House’s director of legislative affairs, …also lobbied for a big budget increase for the Pentagon, another priority for Trump. …The White House is offering Democrats more funding for their own pet projects.

The only good news is that Democrats are so upset about the symbolism of the fence that they may not go for the deal.

Democrats show no sign of yielding on the issue. They have already blocked the project once.

Unfortunately, I expect this is just posturing. When the dust settles, I expect the desire for more spending (from both parties) will produce a deal that is bad news. At least for those of us who don’t want America to become Greece (any faster than already scheduled).

Republican and Democratic congressional aides have predicted for months that both sides will come together on a spending agreement to raise spending caps for the Pentagon as well as for nondefense domestic programs.

So let’s check our scorecard. On the tax side of the equation, we’ll hopefully still get some good policy, such as a lower corporate tax rate, but it probably will be accompanied by some gimmicky Keynesian policy.

On the spending side of the equation, it appears my fears about Trump may have been correct and he’s going to be a typical big-government Republican.

It’s possible, of course, that I’m being needlessly pessimistic and we’ll get the kinds of policies I fantasized about in early 2016. But I wouldn’t bet money on a positive outcome.

Republicans are heading in the wrong direction

Protesters celebrate after toppling a statue of a Confederate monument in Durham, N.C. Monday, Aug. 14, 2017. (Photos: AP)

Protesters celebrate after toppling a statue of a Confederate monument in Durham, N.C. Monday, Aug. 14, 2017. (Photos: AP)

UPDATE: Takiya Thompson, 22, has been charged with disorderly conduct by injury to a statue, damage to real property, participation in a riot with property damage in excess of $1,500 — and inciting others to riot where there is property damage in excess of $1,500, according to the Durham County Sheriff’s Office.

Durham County Sheriff Mike Andrews said investigators were working to identify and charge those involved in the toppling of a Confederate monument. Leftwing “protestors” toppled the monument on Monday while law enforcement stood down.

“We decided that restraint and public safety would be our priority,” Sheriff Andrews said in a statement. “As the Sheriff, I am not blind to the offensive conduct of some demonstrators nor will I ignore their criminal conduct.”

The crowd of a few dozen “vandalized” the Confederate statue in wake of the violence on Saturday in Charlottesville, Virginia. White supremacist groups clashed with counter-protestors when they gathered to protest the removal of a statue of Confederal Gen. Robert E. Lee.

“My deputies showed great restraint and respect for the constitutional rights of the group expressing their anger and disgust for recent events in our country,” Sheriff Andrews said.

The Confederate Soldiers Monument in Durham, North Carolina was dedicated in 1924. It depicted a bronze Confederate soldier holding a rifle in front of a pedestal inscribed with the words: “In Memory of the Boys Who Wore The Gray.”

[brid video=”158202″ player=”2077″ title=”‘Protestors’ Topple Confederate Monument in Durham North Carolina”]

The Tar Heel State has a 2015 law on the books protecting Confederate statues by preventing the removal of such public monuments without permission from state officials.

“The racism and deadly violence in Charlottesville is unacceptable but there is a better way to remove these monuments,” Democratic North Carolina Gov. Roy Cooper tweeted in response.

Sheriff Andrews also called on city-county leaders to set rules for the protestors. While he said “racism and incivility have no place in our country or Durham,” he pointed out that his sheriff’s department “has been the focus of demonstrations for more than a year, most of them peaceful.”

“I am asking both city and county leaders to establish guidelines and safe spaces for protesters to prevent demonstrations from becoming disruptive and as we witnessed in Charlottesville, dangerous. Rightfully, Durham County and the City of Durham have a longstanding respect for the right of peaceable assembly,” Sheriff Andrews added. “However, now may be the time for Durham to consider what is the best way to respond to continued protests while respecting every resident’s right to voice their opinion.“

The Durham County Sheriff’s Office’s decision to arrest demonstrators at a public meeting was recently challenged in court.

Fun Fact

On April 9, 1865, near the town of Appomattox Court House, Virginia, Confederate General Robert E. Lee surrendered his Army of Northern Virginia to Union General Ulysses S. Grant.

“The war is over,” Gen. Grant told his officers. “The Rebels are our countrymen again.”

Durham County Sheriff Mike Andrews said police

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